Kerala High Court Allows Women's Employment in Toddy Shops

The Kerala High Court has struck down a provision of the Kerala Abkari Shops Disposal Rules, 2002 (2002 Rules), which prohibited the employment of women in toddy shops, holding that such a restriction violate the fundamental rights under the Indian Constitution. [Sophy v State of Kerala & ors]Justice Gopinath P ruled that such a restriction was violative of fundamental rights under the Indian Constitution.The judge held that the State cannot justify a complete prohibition on women's employment in toddy shops on the ground of ensuring their safety; instead, it must create a safe working environment that allows women to pursue the employment of their choice.The Court observed that while the State has a responsibility to protect women from harassment at the workplace such protection cannot be achieved by denying them employment opportunities."For the sake of reiteration, it may be stated that while the State has an obligation to ensure that women are not subjected to harassment and must have a safe environment to work, such a responsibility on the State machinery cannot be achieved by prohibiting women from working in whatever industry they choose to work," the Court added. Justice Gopinath PThe August 5 ruling came on a petition filed by Sophy, whose husband KJ Kunjupalu, was employed at a toddy shop in Ponjanam, Thrissur.Following her husband's death on May 20, 2024, she sought employment at the same toddy shop on compassionate grounds. However, her request was rejected b